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Eleventh Circuit· 12/28/1999

United States v. Gilbert

Citations

  • 198 F.3d 1293
  • 1999 U.S. App. LEXIS 34480
  • 1999 WL 1258983

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that bad faith in the law enforcement context is defined to include “reckless disregard for the truth”
  • explaining that the Hyde Amendment was modeled on the Equal Access to Justice Act
  • stating that “the defendant must show that the government’s legal position was either asserted in bad faith or without any foundation or basis for belief that it might prevail”
  • holding that under the Hyde Amendment “allowing fees and costs against the Department of Justice when a conviction is reversed on a legal issue of first impression in the circuit would chill the ardor of prosecutors and prevent them from prosecuting with earnestness and vigor.”
  • stating that \the defendant must show that the government's legal position was either asserted in bad faith or without any foundation or basis for belief that it might prevail\
  • noting that Congressman Hyde “patterned his amendment after” the EAJA

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Barkett, Paine

Read full opinion on CourtListener

Cited by

76 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named United States v. Gilbert

53 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.